PA Theft Lawyers 18 Pa.C.S. § 3927
PA Theft Lawyers
Thank you for visiting Lampman Law. If you or someone you love is charged with section 3927 in Pennsylvania, we can help. We are experienced criminal defense lawyers that are in district and trial courts daily representing people charged with crimes throughout Northeastern and Central Pennsylvania. Since Lampman Law opened we have zealously defended people facing theft accusations and have helped our clients avoid the criminal consequences and social stigma of a theft conviction.
If you would like us to examine your case, please call Lampman Law at 570-371-3737 to personally discuss the matter with us. We offer a free phone or in-office consultation. All consultations are also welcoming, free of pressure, and confidential.
18 Pa.C.S. § 3927. Theft by failure to make required disposition of funds received
A person who obtains property upon agreement, or subject to a known legal obligation, to make specified payments or other disposition, whether from such property or its proceeds or from his own property to be reserved in equivalent amount, is guilty of theft if he intentionally deals with the property obtained as his own and fails to make the required payment or disposition. The foregoing applies notwithstanding that it may be impossible to identify particular property as belonging to the victim at the time of the failure of the actor to make the required payment or disposition.
An officer or employee of the government or of a financial institution is presumed:
(1) to know any legal obligation relevant to his criminal liability under this section; and
(2) to have dealt with the property as his own if he fails to pay or account upon lawful demand, or if an audit reveals a shortage or falsification of accounts.
Elements of Theft by failure to make required disposition of funds received
There are four elements necessary to complete the crime of theft by failure to make required disposition of funds received: (1) obtaining of property of another, (2) subject to agreement of known legal obligation upon recipient to make specified payments or other disposition thereof, (3) intentional dealing with property obtained as defendant's own, and (4) failure to make required disposition of property. Commonwealth v. Austin, 393 A.2d 36 (Pa. Super.1978).
The crime of theft by failure to make required disposition of funds received is shown by demonstrating obtaining property of another, subject to an agreement or known legal obligation on receipt to make specified payments or other disposition thereof, intentional dealing with property obtained as defendant's own, and failure of defendant to make required disposition of property. Commonwealth v. Morrissey, 654 A.2d 1049 (Pa. 1995).
The language of this statute does not require that the defendant actually use the property of another; rather, the word “deals” means that the defendant took the property designed for a specific use and used it as if it were his or her own property. Commonwealth v. Veon, 109 A.3d 754 (Pa. Super. 2015).
Grading & Penalties for Section 3927
Section 3827 can be graded as a felony or a misdemeanor offense.
First Degree Felony (F1)
Section 3827 is only graded as a felony of the first degree if the amount involved is $500,000 or more. F1 offenses are punishable by a maximum of 20 years imprisonment and a $25,000 fine. The OGS of these cases is 8.
Second Degree Felony (F2)
A felony of the second degree is punishable by a maximum of 10 years imprisonment and a $25,000 fine. The OGS of these cases is 7. Section 3927 is graded as a (F2) when:
The amount involved is $100,000 or more but less than $500,000.
Third Degree Felony (F3)
A felony of the third degree is punishable by a maximum of 7 years imprisonment and a $15,000 fine. This offense is graded as a (F3) when:
The amount involved exceeds $2,000. The OGS is 6 when the value is more than $25,000 but less than $100,000. The OGS is 5 when the value is more than $2,000 but $25,000 or less.
Misdemeanor of the First-Degree (M1)
A misdemeanor of the first degree is punishable by a maximum of 5 years imprisonment and a $10,000 fine. The OGS is 3 for these (M1) cases. Section 3927 is graded as a (M1) when:
The amount involved is $200 or more but less than $2,000.
Misdemeanor of the Second-Degree (M2)
A misdemeanor of the second degree is punishable by a maximum of 2 years imprisonment and a $5,000 fine. The OGS for these cases is 2. Section 3927 is graded as a (M2) when:
the amount involved was $50 or more but less than $200.
Misdemeanor of the Third-Degree (M3)
A misdemeanor of the third degree is punishable by a maximum of 1-year imprisonment and a $2,000 fine. Since the OGS for these offenses is 1, however, probation is the likely sentence unless the defendant has an elevated PRS. Section 3927 is graded as a (M3) when:
the amount involved is less than $50.
Lampman Law Defends Theft by failure to make required disposition of funds received Cases
It is extremely important to timely hire an experienced Pennsylvania criminal defense when facing a section 3927 charges. As explained, these cases are complex and the accused’s freedom and other important rights are at risk. Hiring the right criminal defense lawyer, as soon as possible, can help the accused build their case by gathering the evidence to build a robust defense. It is the best chance for an accused to preserve their liberty, legal rights, and their reputation.
When choosing a lawyer, it is important to seek the services of a lawyer that primarily practices criminal defense and that the lawyer has personally handled theft cases in the county where the charge is being prosecuted. Likewise, it is vital that the lawyer can and will conduct a full investigation into the facts and circumstances of the allegation. Obviously, challenging the amount of the funds allegedly misused is extremely important in defending these theft cases.
Please contact us at 570-371-3737 if you have any questions. Should you choose to trust us with your case, our fees are reasonable, we always use detailed written fee agreements, and payment plans (including credit card payment) can be arranged.